## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-81,569-01

EX P ARTE DARREN SCOTT MONROE, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 12-11-8929 IN THE 24TH DIS TRICT COURT

F ROM JACK SON COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault - family violence a

nd sentenc ed to five y ear s’ imprisonment. He did not appea l his conviction. A p p li c a n t contends that his plea was involuntary beca use he was misadvised reg ar d in g p a r o le elig ibilit y by his counsel. Applicant al s o al l eges counsel failed to advise Applicant of the conseque nces of

his plea and f

ailed to file a

notice of a

ppeal upon Applica

nt’s reque st. Applicant has alleg ed fac ts that, if true, might en t i t le him to relief

. Ex parte Moussazadeh , 361 S.W .3d 684 (Tex. Crim. App. 2012). I n these circ umstances , additional fac ts are neede d. As we held in Exparte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), t h e t ri al court is the appropr iate

forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claims of ineffe ctive assistance of counsel and involuntary plea. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). I n the appropr iate case , the trial court may rely on its persona l rec ollection. Id

. I f the trial c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indigent. I f Applicant is indige nt and wishes to be repr esente d by counsel, t h e t rial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial c ourt shall make f indings of f

act a nd conclusions of lawin reg ard to A pplicant’s claim that his plea was involuntary

. The trial court shall also make finding s of fac t and conclusions of law as to whether counsel coer ced Applicant into pleading g uilty and whether counsel: (1) made repr esentations on the amount of time Applicant would have to serve , (2) made repr esentations that Applicant would rec eive pre - s e n te n c e ja il ti me , (3) made repr esentations that Applicant’s case would not be treated as ag g ravated, (4) failed to a dvise Applicant as to the conseque nces of his plea; and, (5) failed t o file a notice of appea l afte r Appli cant ex presse d a desire t o appea l his conviction and sentenc e. The trial court shall also make any other finding s of fac t and conclusions o f l aw t h at it deems re levant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order

. A supplemental t ra n s cr i p t containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of the date of this order . Any extensions of ti me s hall be obtained f

rom this Court. Filed: Jul y

23, 2014 Do not publish